Mahlon Pitney

“ The amended petition further averred 'that by virtue of both the laws of the state of Kansas, where the said Fred S. Wulf was killed, and the acts of Congress, a right of action is provided for injuries resulting in death in the manner and form and in the occupation that deceased was engaged in at the time of his death.' This amendment was allowed by the court, and an order was made permitting the plaintiff to prosecute as the personal representative of the deceased for her individual benefit, as well as in her individual capacity. ”

“ It introduced no new or different cause of action, nor did it set up any different state of facts as the ground of action, and therefore it related back to the beginning of the suit. Texas & P. R. Co. ”

“ Second Employers' Liability Cases (Mondou v. New York N. H. & H. R. Co.) 223 U.S. 1, 53, 56 L. ed. 327, 347, 38 L.R.A. (N.S.) 44, 32 Sup. Ct. Rep. 169. Therefore the pleader was not required to refer to the Federal act, and the reference actually made to the Kansas statute no more vitiated the pleading than a reference to any other repealed statute would have done.
It is true that under the Federal statute the plaintiff could not, although sole beneficiary, maintain the action except as personal representative. So it was held in American R. Co. v. ”